Difference Between Bail and Bond Explained Here

What is the Difference Between Bail and Bond?

When you find a loved one accused of a crime, they may face time in jail before they go to trial. Luckily, there are ways that you can help them get out of jail while awaiting trial. The defendant can have a loved one pay to get them out of jail before trial. If you cannot pay the total bond amount, our bond agency can help with a fee.

This money does not excuse the defendant from the possibility of serving a jail sentence. It will allow them to await trial at home though. This fact also gives the defendant time to meet with their legal counsel to build their case.

Bail and bond are similar; there are some essential aspects to consider. Depending on financial situations and the amount of bail, one option may be better than the other.  What follows are some FAQs about bail and bond.

How is Bail set?

When a person gets arrested for a crime, they appear before a judge for arraignment. The judge then will look at the circumstances of the accusations and then set a bail amount.

Several factors can determine the amount of bail. The severity of the crime, employment, and risk of not showing back at court can affect how much bail gets posted.

In some cases, a defendant may get released without having bail set. This type is a personal bond or “release on their recognizance.” This bond is usually for petty crimes or first-time offenders who are sure to appear in court. 

What is Bail?

Bail is the cash paid to the court to ensure a defendant’s release from jail following arraignment. Also known as a cash bond, this money gets paid to the court in cash. 

The defendant can pay this money, or, another party may have to pay their bail. This person can be a friend, family member, or other loved one.

This money gets paid with the expectation that the defendant will appear in court. The bail money gets refunded once the case gets resolved. This can be with a dismissal, acquittal, or conviction.

If the defendant does not complete their expectations, the court keeps the money. The bailor can file with the court to get their money back.

What is Bond?

Some people may not afford the total amount of their bail. If the full bail amount cannot get paid, a bond is the only option not to sit in jail awaiting trial. In those cases, the defendant may seek the services of a bond agency.

Bonds can get made as cash or property as collateral. A bail bond will need a percentage of the total cost of the bail, usually 10-15%. Once this payment gets received, the bondsman will take care of the rest of the cost of the bail. They will also be responsible for ensuring that the defendant appears in court.

While the money can get refunded with bail, a bond is different. The bond takes care of the fees of the bond agency and will not get paid back, even after the case gets resolved. 

But, if the defendant does not appear in court, their loved ones are not responsible for the rest of the bail. The defendant can face issues such as further legal repercussions and other fines.

Bail and bond can get complicated, and there are many factors to help determine the correct course of action. A bond can be great to ease financial responsibility and know that your loved one will do the right thing.